California law unborn child victim of murder in 60's. ?

Question

For research I need to find out if a third party (not the mother) could be charged with murder in the 60's in California if he attacked a pregnant woman and the unborn child was killed (but not her)

I'm not sure what the law was like then and not sure where to find out..

Thanks in advance

Answer 1

No, there was no law against killing unborn Children in the 60s. This would fit under what is called the "grandfather clause" basically saying you can't create new laws to charge someone with. That you can only charge people with things that are currently illegal.  

Answer 2

No, these types of laws only recently came into existence.

Answer 3

No. A foetus is not judged to be alive until it has taken a breath. That is why women who deliver babies in secret an make no attempt to get the child to breathe are not charged with murder. The child was never alive so the child can't be the victim of murder. Same goes for attacking a pregnant woman.

It would also be unusual that the mother would survive. Injury severe enough to cause the death of the foetus would probably have ruptured the mothers womb, thus causing her to bleed out in unde ra  minute or two. So your scenario is highly unlikely anyway.

Was it for a crime novel????

The law has always been this way.